Rejection of a car under Consumer Rights Act 2015
Rejection of a car under Consumer Rights Act 2015
Author
Discussion

Complex

Original Poster:

520 posts

205 months

Tuesday 2nd May 2017
quotequote all
In continuation from a previous thread on a car I purchased from a dealer - https://www.pistonheads.com/gassing/topic.asp?h=0&...

Effectively, I bought a car from a second-hand dealer, the following then occurred.

1. EML and limp mode on my very first drive of the car home off the forecourt.
2. Continued EML and limp mode every 50 miles or so, occurred circa 11 times in couple of weeks.
3. Car overheated.
4. Car returned to dealer for repair at dealer's cost - leaking thermostat and failing high pressure fuel pump replaced.
5. Car picked up from dealer and again EML and limp mode before I even finished my drive home.

I am now looking to reject the car, I have given opportunity to the dealer to repair and rectify the problem but he has failed, my patience is at its end with the car repeatedly going into limp mode, it has not been sold as fit for purpose given it has been doing this since my first drive off the forecourt.

Now, does the 30 day period for rejection (notwithstanding the 6 month protection) start from when the deposit was placed and the deal was agreed (though subject to certain works being carried out) or from when the car was collected and the full consideration transferred?

I can't seem to find an answer to this after some searching but I can only presume it's from when the car is collected, i.e. receipt of goods? Otherwise for buyers whose cars may take weeks of prep after they've agreed purchase, they won't have any benefit of the 30 day period?

Many thanks for any input!

andymc

7,624 posts

237 months

Tuesday 2nd May 2017
quotequote all
when collected

Complex

Original Poster:

520 posts

205 months

Tuesday 2nd May 2017
quotequote all
Thank you very much - reassuring to know.

Mojooo

13,291 posts

210 months

Tuesday 2nd May 2017
quotequote all
see section 22

http://www.legislation.gov.uk/ukpga/2015/15/part/1...

if you have had a repair the time can pause as well which you may be aware of.

Complex

Original Poster:

520 posts

205 months

Tuesday 2nd May 2017
quotequote all
Thank you, I do remember reading that but it had slipped my mind.

I have actually decided to allow the dealer a further attempt to repair at his own cost given he has been honest and generally shown good conduct thus far. (That and it is inconvenient for me to source another car in the next two weeks).

So will probably still be in a position to utilise the 30 period even after this second repair attempt.

Thanks again

superlightr

12,920 posts

293 months

Tuesday 2nd May 2017
quotequote all
read your referenced post about the mini and this one.

you say honest approach....... so they sold a car which went into limp home mode etc on your first drive - so they did not test drives of the car or do a pre selling check?
You then returned the car to be fixed and again on the first drive it failed again? so they did no test drives to see if they had fixed the fault?

I would not be giving it to them again to try and fix but go for the refund. I'm sure there are plenty of other cars on dealers forecourts you could buy a suitable car from. its is/was a mini right? so nothing too exotic and easy to find something else to have fun in.

Mr Taxpayer

438 posts

150 months

Thursday 4th May 2017
quotequote all
Two weeks ago Wednesday, I picked up an A4 that had hidden faults dangerous faults, including no seatbelt anchorage for the drivers seat belt. The faults were found on Thursday, the car rejected Friday, collected by the trader Sunday and the money back with me Monday. When I saw the car readvertised 3 days later (too quick to have fixed all the faults), I dobbed them in to Ealing Trading Standards, who have taken the case on.

GreatGranny

9,519 posts

256 months

Thursday 4th May 2017
quotequote all
I agree with other posters.

They've had the chance to fix and didn't even check if it had been successful.

Go for a refund.

MINI's aren't exactly rare.